Protection Against Retaliation for Whistleblowers: Know Your Rights

If you are a federal employee that experienced retaliatory acts after engaging in whistleblowing activity the Whistleblower Protection Act protects you and you may have a claim before the Office of Special Counsel (OSC) or the Merit Systems Protection Board (MSPB). It is not uncommon for federal employees to raise concerns that constitute whistleblowing activity without evening knowing they qualify for protection. Stepping forward in the workplace to raise serious concerns about decisions or conduct that costs the American taxpayer takes courage. Do not let your senior leadership harm you and your career for doing the right thing.

What constitutes whistleblowing activity?  

Protected whistleblowing includes disclosures that the employee reasonably believes to be:

• a violation of law, rule, or regulation;
• gross mismanagement;
• gross waste of funds;
• an abuse of authority; or
• a substantial and specific danger to public health or safety.

​

Common illustrative examples of whistleblowing activity:

• A doctor not following standard of care procedures for patients;
• A supervisor violating confidentiality policies;
• Losing expensive military equipment in the supply chain and not documenting it; and
• Deeming public transportation infrastructure safe and operable without completing a full safety audit per policy.

Retaliation comes in many forms. Sometimes it can be subtle. So even if you have not experienced retaliation for your whistleblowing activity it is beneficial to schedule a free confidential consultation to learn more about your legal protections.

There are two common courses of action to pursue a whistleblowing complaint. You can either file an appeal directly to the MSPB if you experienced a personnel action or your employer threatened to take a personnel action against you. You can find a list of the personnel actions here that are appealable to the MSPB. If you did not experience a personnel action that is directly appealable to the MPSB you likely need to file your appeal with the Office of Special Counsel (OSC) first to exhaust your administrative remedies. Then typically you can file an appeal with the MPSB. For example, if the retaliation included conduct consistent with a hostile work environment that alters your working conditions then you must file with the OSC before you can go to the MSPB.

If you experienced retaliation for engaging in whistleblowing activity or engaged in whistleblowing activity (without any retaliation) and want to learn more about your legal protections reach out today!